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201100578 <br />6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection <br />with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are <br />hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid <br />under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness <br />under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in <br />paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend <br />or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such <br />payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this <br />Security Instrument shall be paid to the entity legaily entitled thereto. <br />7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all <br />governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shail pay <br />these obligations on time directly to the entity which is owed the payment, If failure to pay would adversely affect <br />Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts <br />evidencing these payments. <br />If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other <br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly <br />affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce Iaws or <br />regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's <br />rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. <br />Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be <br />secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, <br />and at the option of Lender shall be immediately due and payable. <br />Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: <br />(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests <br />in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's <br />opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement <br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the <br />Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a <br />notice identifying the lien. $orrower shall satisfy the lien or take one or mare of the actions set forth above within <br />10 days of the giving of notice. <br />8. Fees. Lender may collect fees and charges authorized by the Secretary. <br />9. Grounds for Acceleration of Debt. <br />(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment <br />defaults, require immediate payment in full of all sums secured by this Security Instrument if: <br />(i) Borrower defaults by failing to pay in full any monthly payment required by this Security <br />Instrument priar to or on the due date of the next monthly payment, or <br />(ii} Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained <br />in this Security Instrument. <br />(b) Sale Without Credit ApprovaL Lender sha11, if pern�itted by applicabie law (including section 341(d) of <br />the Garn-St. Germain Depository Institutions Act of 1982, 12 U. S. C. 1701 j-3(d)) and with the prior approval of <br />the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: <br />(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is <br />sold or otherwise transferred (other than by devise or descent), and <br />(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the <br />purchaser or grantee does so occupy the Property, but his or her credit has not been approved in <br />accordance with the requirements of the Secretary. <br />(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but <br />Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. <br />(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary wiil limit <br />Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not <br />NEBRASKA FHA DEED OF TRUST DocMagic � soo-sas-iasz <br />NEDOT.FHA 11/01/08 Page 4 of 9 www.docmagic.com <br />� ' �' <br />� ��✓ <br />